The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-05-11
THE SENATE.

nothing in particular.
THE SENATE.
Another heavy days work was done
to-day, but a smart shower cooled the
air and made the labor easier than for
several days past. In the Senate Mr..
McMurray presented the petition and
resolution of the Jacksonville Board Of
Trade urging the passage of the Railroad
Commission bill. provided such commits
sion acts only on complaint and gives
both parties an opportunity to have a
hearing, and that its decision shall be
subject to revision by the courts at the
cost of the railroad.
Senate bill No. "a, providing for the
sale, etc, of tax sale certificates, Occu-
pied large part of the day on the Sec
ond reading.
Senate bill No. ia, amending the Inter
national Railway charter and grant, was
made the special order for Monday next
at IL O'Clock.
The Tampa Charter bill was recon-
mitted to the Committee on City and
County Organization
DECLINED TO GIVE AN OPINION.
MIR. Wall, chairman of the special
committee to wait on the Governor and
request him to procure the opinion of
the Justices of the Supreme Court rela-
tive to the Constitutional power of this
Legislature to enact a local or special
law, reported the following correspond
ence received from the Governor:
EXECUTIVE OFFICE,
TALLAHASSEE, FLA, May 8, 1887.
To the Justices of the supreme Court of the
state of Florida:
If, in your Judgment, it is a case in
which your opinion can be properly re-
quired have the honor to ask your in
depreciation of Section 21 of Article iii of
the Constitution as to what character of
bills, if any, the Legislature at it's pres
ent session is by said Section denied the
power to pass, and whens submitted to
me it will be my duty for that reason to
disapprove, though said bill may be 9TH
erwise unobjectiOnable.
Verr Respectfully
E. A. PERRY
THE SUPREME COURT OF THE
STATE OF FLORIDA,
TALLAHASSEE, FLA, May 10, 1887.
Hon. Edward A. Perry. Governor of the State
of Florida:
SIR-Your communication was re-
ceived to-day and has been considered by
us. The question asked by you involves
the construction of Section 13, Article
Nv, of the Constitution. The section is
as follows:
SEC. 13-The Governor may, at any
time, require the opinion of the Justices
of the Supreme Court as to the interpre-
tation of any portion of this Constitution
upon any question affecting his execu-
tive powers and duties, and the Justices
shall render such opinion in writing.
Unlike the Constitution of some of the
other States of the Union, which author
ICES the Governor or either branch
of the Legislature to require the
opinion of the Justices of the Su-
preme Court, our Constitution restricts
such right to the Governor only
Ii further restricts the right of the Gov
ernment to require sucn opinions on
questions affecting his executive power
and duties. The opinion you desire is
one relating to your executive powt rs and
duties. The exact legal meaning of the
word executive" has been many times
authoritively fixed and defined 1t means a
duty appertaining to the execution of the
laws as they exist. 1t would follow that
the law must be enacted according to all
the forms prescribed by the Constitution
before the duty of executing it can eX-
ist. Any duty imposed by the COnstitu-
ON the Governor with reference to a bill
before it becomes a law IL not
an executive duty. The enactment of
laws is legislative duty and when
Your Excellency if required by the Con-
stitution to do any act which is an es-
sential prerequisite thereto, such act is
Legislative and is performed by you as a
part of the law-making power,
and not As the law executing pow
er. We are of the opinion that the
question affects a Legislative duty impOs-
eddy the Constitution and believing that
compliance ON our part with your re-
quest Is unauthorized of the Constitution
we, with great respect for Your Excel
lency beg To be excused from expressing
AN opinion on the question submitted.
Very respectfully.
GEO. q. MCWHoRTER,
Chief Justice.
THE HOUSE.